White House changes date of travel ban amid Supreme Court review

White House changes date of travel ban amid Supreme Court review

White House changes date of travel ban amid Supreme Court review

A U.S. appeals court recently upheld a decision that blocked the executive order signed by President Trump.

The ruling by a three-judge bench of the US Court of Appeals for the Ninth Circuit was against the revised travel ban.

Staffers in the the Washington Attorney General's office look on as Attorney General Bob Ferguson addresses a news conference about a federal appeals court's refusal to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations, Thursday, Feb. 9, 2017.

Today's unanimous ruling noted, "The President's authority is subject to certain statutory and constitutional restraints", but that Trump's revised executive order "exceeded the scope of the authority delegated to him by Congress".

Plaintiffs in the Fourth Circuit case had argued to the Supreme Court that the 90-day ban on nationals from six designated countries ended on Wednesday, which is 90 days from the "effective date" of March 16 written into the executive order.

According to Tuesday's briefing schedule, the parties need to submit their briefs regarding the stay and cert petitions by June 21.

Trump's appointment of conservative Gorsuch has been his most significant win since taking office in January. The petition also asked the Supreme Court justices to determine the legality of the executive order.

The ruling also states: "A reasonable, objective observer - enlightened by the specific historical context, contemporaneous public statements and specific sequence of events leading to its issuance - would conclude that the executive order was issued with a goal to disfavor a particular religion". The case similarly found that a 120-day ban on admitting refugees also violated the Immigration and Naturalization Act without relying on the Frist Amendment's Establishment Clause to do so.

In the second case, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, on May 25 upheld the Maryland judge's ruling.

A memo issued by the White House, as the Supreme Court considered two challenges to the ban, said parts of the order put on hold would not expire before they can go into effect, and the start date would be when court injunctions were lifted. The high court seat was vacant for almost 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland.

Related news